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Between Okorocha and Imo Judiciary workers

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Imo Judiciary workers return to work, amidst unresolved issues with the State Government, Assistant Editor (East), CHRISTIAN NWOKOCHA, reports.

After a six-week industrial action, judiciary workers in Imo State, under the aegis of Judiciary Staff Union of Nigeria (JUSUN), have resumed work  without a clear deal with the state government over the battle for judicial autonomy and other issues that had led to the impasse between them.

Other unresolved issues before the workers were recalled to work by their leader, Kenneth Aloka, included the enforcement of the 80 percent pay cut against magistrates and state counsel.

While sources revealed that the state had only pleaded with the judiciary staff to start work, promising to implement partial judicial autonomy until the state economy improves, other members of the union cried that they were not informed of the reason behind their being called back to work after six weeks of strike.

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Reliable source from the Accounts Department of the judiciary also revealed that the Magistrates were fully back to work, but the order from the state government to cut down their salaries was yet to be reversed despite threats issued by the members of the Nigerian Bar Association (NBA), across the three geo-political zones of the state.

Following the Supreme Court judgment which stated that the judiciary shall independently run its activities from the consolidated fund, Governor Rochas Okorocha accepted to enforce the decision of the apex court but reneged few months after he was re-elected for the second term in office.

As if that was not enough, the governor, few months ago, slashed the salary of the state Magistrates, stating that their salary scale was higher than what was obtainable in other states in the federation. He also said that their counterparts in the Imo State Ministry at the same level received lower salary, insisting that he would place all staff of the judiciary and their counterparts in other ministries at the same salary scale.

Other persons affected by Okorocha’s stance include the state lawyers who represent the government in various courts where the state government has vested interests. He also accused them of taking salaries higher than their counterparts in the ministry.

The bench and the bar having been affected by these unresolved issues affecting the judiciary, gave their tacit support to JUSUN, Owerri branch, to embark on the strike.

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In a statement signed by four branch chairmen of the Nigerian Bar Association, Stanley Chidozie Imo (Owerri), Christian Ikwuoma (Orlu), Max Nwokenta (Okigwe) and Chris Ugwuorji (Mbaise) branches respectively, they said that the personal emoluments of Magistrates and allowances are statutory entitlements by virtue of their positions as judicial officers.

They recalled that successive governments in Imo State had taken same into consideration by making progressive salary advancement for Magistrates in the state.

“Any reversal in the present salary structure with the attendant effect of downgrading same will be unconstitutional, punitive and a brazen breach of the provisions of section 124 (3) of the 1999 Constitution as amended which same is an impeachable offence.

“Contrary to propaganda being fed to Imolites, it is incorrect and a fallacy to state salaries of Magistrates in Imo are highest in the federation. It is on record that Lagos, Akwa-Ibom, Bayelsa, Rivers States earn higher than Magistrates in Imo State. Comparative analysis of what obtains in other states like Enugu, Anambra, Abia and Ebony have shown that aside the personal emoluments/salaries of Magistrates, they also receive other monitised allowances.

“Salaries/emoluments of Magistrates are budgetary allocations accruing to the credit of the judiciary as an independent arm of government under the provisions of section 162(9) 121(3) of the 1999 constitution as amended. The governor has no constitutional powers to tamper with the salaries of Magistrates in the state. Such an act is unconstitutional and also an impeachable offence. By extension, the House of Assembly has no constitutional powers to make any legislation in regards to salaries of magistrates”, the four NBA branch chairmen argued.

In an encounter with our correspondent, however, Imo State-based lawyer, Jones Dike stated that the judiciary has been granted financial autonomy, arguing that with the feat, there should be harmony in the system.

He insisted that “there should be enough motivation for judicial workers because without them, there will be anarchy. For the separation of power, my advice to the governor is that he should be a man of honour and respect the position of the law in the country by the autonomy already granted to the judiciary”.

“I also appeal to him to relax his policy on salary cut against the judiciary staff. The independence of the judiciary must be upheld. He should restore them to status quo ante to allow the normal court processes resume. He had been paying salaries before now. With few years to get out of office, he should pay workers because it will be very unfair to tamper with the people’s salary”.

“The governor is doing well, I must say, going by massive projects in his hands. But he should take them one after the other to enable him pay salaries of workers in the state, which I consider as priority. He can cut down the ministries instead of tampering with the people’s salaries”, Dike suggested.

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